East Cobb Zoning & Development Archives

Mt. Bethel Christian Academy master plan approved

December 18, 2024 7:41 PMDecember 17, 2024 4:20 PM by Wendy Parker

Proposed Mt. Bethel Christian Academy master plan delayed — *Mt. Bethel Christian Academy wants to relocate a swimming pool and prepare to build permanent classroom buildings.*

Cobb commissioners on Tuesday approved a master plan at the Mt. Bethel Christian Academy upper campus on Post Oak Tritt Road after making a variety of site plan revisions.

The 5-0 vote came after a lengthy presentation, discussions and a motion to approve by Commissioner JoAnn Birrell of District 3 in East Cobb (you can read the application filings here).

The changes include a second access point on Post Oak Tritt and agreements by the private school to construct an indoor swimming pool and limits on evening activities.

Mt. Bethel Christian Academy proposed those and other stipulations in a Dec. 11 letter to the Cobb Zoning Office.

Commissioners voted last month to delay the application after complaints from neighbors about noise and the East Cobb Civic Association in regard to modular classrooms that have been at the site for more than a decade.

Mt. Bethel Christian Academy has operated a high school there since 2014 and will be adding middle school grades.

The master plan, which was urged by Birrell, would include expanded parking on the east side of the 33-acre site, which is located just west of Holly Springs Road.

The school was started by Mt. Bethel Church in 1998 but became a separate entity in 2021, right before before the church’s departure from the United Methodist Church. Since then, the academy has leased space from the church for Grades K-8 on its grounds on Lower Roswell Road.

But last year, Mt. Bethel Church decided to terminate the school’s lease by 2028, prompting the academy to find new facilities.

MBCA attorney Kevin Moore said his client had agreed to the changes, which come with some considerable expenses.

Chief among them is the enclosure of the swimming pool over a covered outdoor facility and a 25-foot wall due to noise complaints from a nearby subdivision.

The pool will be relocated to near the back of the property, adjoining a football/soccer field. In addition, tennis courts would be moved to the same area, and will include protective padding to help reduce noise issues.

At last month’s zoning hearing, a resident on the adjacent Alberta Drive said increased sports activities at the school have resulted in continuing noise concerns.

Birrell said being able to walk the property and meet with nearby residents in the past month “has been very helpful” in proposing changes.

The ECCA was upset that the master plan didn’t include more specific details about permanent classrooms.

Moore said in response to a question from Birrell that the master plan includes an outline of future buildings for academic activities, including the possibility of an auditorium.

“This is as specific as we can get it at this point,” Moore said.

Commissioners would need to approve those buildings when they are proposed; among the stipulations approved Tuesday include a height limit of 35 feet, per an ECCA request, and that the modular structures would be removed.

Other stipulations prohibit lighting at the football field and all athletic activities must be related to the school.

“I do understand the neighbors’ concerns, but there have been a lot of concessions that have been put on Mt. Bethel to alleviate a lot of those concerns regarding noise and buffers,” Birrell said.

“The way this is outlined now with revisions that both parties have agreed to, we can approve this as it is,” she added, saying final site plans and elevations and landscape plans, among other modifications, have to come back for final approval with citizen and county reviews.

Birrell’s motion also limited evening lighting on the campus to 10 p.m. and maintains an 85-foot buffer along the back line of the property.

Also on Tuesday, commissioners approved by a 5-0 vote a site plan change at the former Sunrise of East Cobb site on Johnson Ferry Road to permit a senior independent living facility.

Hammocks at East Cobb is proposing a townhome-type concept with 72 separate living units, including six detached cottages along Johnson Ferry Road, as well as a number of amenities.

In another East Cobb case, commissioners approved a site plan change, also by a 5-0 vote, to allow a Kiddie Academy day care on Gordy Parkway

The 1.42-acre tract, which is right behind the Highland Plaza Shopping Center and near the intersection of Sandy Plains Road, is the last parcel of undeveloped land at that mixed-use complex.

The ECCA asked for the case to be held until Cobb DOT could review traffic study examining access concerns at the site.

But Birrell made a motion to approve with a number of stipulations, including a 20-foot landscape buffer next to the Highland Terrace subdivision.

Access to the day care via Gordy Parkway also will be limited to right-in, right-out.

East Cobb senior living facility proposal to be considered

December 14, 2024 1:13 AMDecember 13, 2024 4:07 PM by Wendy Parker

Sunrise at East Cobb, East Cobb senior living home — *The former Sunrise at East Cobb nursing home is being proposed for an independent senior living facility. ECN file photo.*

A former nursing home on Johnson Ferry Road that was sold earlier this year is being proposed for a different kind of senior living facility.

The new owner of Hammocks at East Cobb is proposing to convert the former Sunrise at East Cobb into a townhome-type concept with 72 separate living units.

The applicant is requesting a setback variance and other changes that will be heard Tuesday by the Cobb Board of Commissioners.

According to an agenda item (you can read it here), Hammocks at East Cobb would include the existing building for most of those units, plus a new amenities area with an activity room, gym, conference room, mailroom, salon and bistro.

Hammocks at East Cobb also wants to build six independent cottages along Johnson Ferry Road, and add 16 parking spaces to the facility.

The setback variance being sought would be reduced from 50 feet to 40 feet from the road to make room for the cottages, according to the agenda item.

Renovations crews already are upgrading the courtyard amenities at the site, which is just north of Roswell Road.

The Cobb Zoning Office hasn’t made a recommendation on the application, which will be heard with Other Business items.

Those are cases that aren’t seeking rezoning but changes to existing site plans.

Sunrise at East Cobb opened in 1997 on land zoned for office and industrial use. A senior living facility being proposed by Hammocks is allowed there under the residential senior living use, subject to certain criteria, including commissioners approving a site plan.

Sunrise was sold in May to Hammocks at East Cobb Propco LLC in May for $1.795 million, according to Cobb property tax records.

In 2019, a Sunrise worker was sentenced to 10 years in prison for elder neglect in the death of a 91-year-old resident.

The Hammocks at East Cobb case is on the consent agenda, meaning there is no known opposition.

Commissioners also are scheduled to rehear a master plan proposal by Mt. Bethel Christian Academy that was delayed last month following community opposition.

The zoning hearing begins at 9 a.m. in the second floor board room of the county office building at 100 Cherokee Street, Marietta. You can view the full agenda by clicking here.

You also can watch the hearing on the county’s website and YouTube channels and on Cobb TV 23 on Comcast Cable.

First Cobb Unified Development Code installment released

November 26, 2024 6:21 PMNovember 26, 2024 10:20 AM by Wendy Parker

Last week Cobb County Government released information about the first of three installments of a Unified Development Code.

The UDC incorporates zoning, planning and land-use with design, landscaping, architectural and other guidelines into a single comprehensive planning guide.

In metro Atlanta, the cities of Atlanta and Roswell have implemented UDCs, as has DeKalb County.

It’s been more than two years since Cobb officials began presentations to bring various regulations into one process under the UDC, but little has been presented to the public since then.

Some citizens have objected, calling the UDC “a war on the suburbs.” No public meetings are pending regarding the most recent updates.

The new material includes a 97-page public draft of the UDC (you can read it here) that includes general provisions, transitional provisions, definitions, terms of construction and related topics. Related documents can be found by clicking here.

The primary updates for the first installment cover administrative articles that establish procedures for the review of all development applications, including applications for rezoning, special land-use permits, for subdivisions and for zoning variances.

According to a draft public review questionnaire, This article consolidates the decision-making bodies and review procedures from the current Zoning Ordinance into a single chapter. This is done in in order to better improve the usability and readability of the County’s land development regulations, as discussed in the [November 2023]  Code Assessment.”

The questionnaire further states that “the way development applications are reviewed and decisions are made is not changing significantly.”

Among the changes is an additional step in the development process that requires zoning and land-use permit applicants to hold a community meeting before their case is reviewed by county staff.

“The goal of the Neighborhood Meeting is to provide an opportunity for applicants and nearby residents to discuss a project at an early stage,” questionnaire states.

Also new is an administrative variance procedure to address “limited, discrete changes to development standards such as required building setbacks to accommodate specific site conditions, as long as these changes would not impact the surrounding community.”

The county is offering the public a chance to comment on the proposal by completing an online survey.

Additional installments of the UDC will include updated zoning districts and land-use regulations in early 2025.

Proposed Mt. Bethel Christian Academy master plan delayed

November 20, 2024 6:28 PMNovember 19, 2024 6:24 PM by Wendy Parker

As Mt. Bethel Christian Academy prepares to relocate, the private school has been developing a master plan to build out what has been its high school campus on Post Oak Tritt Road.

On Tuesday, MBCA went before Cobb commissioners to sign off on the proposal, which contain some major changes.

But commissioners voted 5-0 Tuesday to hold the request (you can read it here) until December following some community opposition.

Commissioner JoAnn Birrell of East Cobb said she wanted to conduct a “walk through” of the campus and meet with nearby residents who say they’re already enduring noise issues.

During a zoning hearing, MBCA attorney Kevin Moore said the master plan would add a second traffic access point on Post Oak Tritt and relocate an existing swimming pool and tennis courts from the east side of the property to a central location, near other sports facilities.

That’s part of a larger plan to construct permanent classrooms on the 33-acre site, where MBCA has operated a high school since 2014. The current enrollment in grades 9-12 is around 200, but permanent two-story buildings have been proposed to accommodate future growth and expansion.

But last year, Mt. Bethel Church decided to terminate the school’s lease by 2028, prompting the academy to find new facilities.

MBCA purchased the land on Post Oak Tritt Road, near Holly Springs Road, in 2013 from the Marcus Jewish Community Center of Atlanta, which operated a day-care campus there. Currently, the maximum approved capacity is for 625 students.

MBCA will be moving middle school grades there, and the continued build-out of the property has brought it back before the county, and with nearby community opposition.

The school had proposed building a sports stadium in 2019 but withdrew the application when some neighbors objected.

Commissioners approved a site plan change in 2022 to allow for athletic fields and as MBCA agreed to create an 85-foot undisturbed buffer between the field and nearby homes. MBCA also agreed to develop a master plan.

That approval came after some neighbors objected to the close proximity of the field to their backyards.

At Tuesday’s zoning hearing, Moore said that MBCA has planted an additional 200 trees in that buffer area, which is adjacent to Alberta Drive north of the school property.

Some responses to MBCA plans have indicated that that the school “has been a bad neighbor,” Moore said. “We don’t think that’s true.”

He said other public high schools in Cobb County are in residential neighborhoods, and “they’ve all thrived, because they have a school in their neighborhood.”

But Alberta Drive resident Gary Hughes responded by saying that “thousands of trees were removed,” and that he and his neighbors have been subject to consistent noise disruptions stemming from the increased sports activities.

With an Olympic-sized swimming pool and tennis courts moving closer to his property line, he fears there may be even more noise.

“We’ve been forced to accept the football field,” Hughes said, adding that “we’re David against Goliath.”

Richard Grome of the East Cobb Civic Association said MBCA hasn’t reapplied for an expired special land-use permit for the modular classrooms, among other issues.

“The applicants believe they can do whatever they want on their property with no consequences,” he said, calling the master plan proposal “nothing more than labeled rectangles on a piece of paper.”

Birrell said that she checked with Cobb code enforcement and learned that only one noise complaint has been issued, in 2013, so new complaints were news to her.

Commissioners will reconsider the matter at their Dec. 17 zoning hearing.

East Cobb massage business suspended for nine months

November 20, 2024 6:25 PMNovember 19, 2024 8:38 AM by Wendy Parker

An East Cobb massage business that has been closed since August in the wake of allegations of improper operations will remain closed for another nine months. 2 more East Cobb massage businesses face license hearings

The Cobb Board of Commissioners last Tuesday voted 5-0 to extend the suspension of the business license of Top Massage (2200 Roswell Road, Suite 150) until August 2025.

Like another East Cobb massage business whose license was revoked in July, Top Massage is accused by the Cobb Community Development Agency’s Business License Division of not having properly licensed therapists on staff or premises (list of alleged violations).

The business license officials and Cobb Police visited Top Massage on April 10 and found two employees working there—one of them performing a message—who had health spa permits but not the required state massage therapist license.

There also wasn’t a state licensed therapist at the business at the time, according to the business license division.

Elisia Webb, the head of the business license division, said there wasn’t a record of treatments at Top Massage as is required, nor was there a list of employees or proof of certification.

Top Massage, she said, was “not licensed or permitted to perform massages in any shape, form or fashion.”

According to testimony at the hearing, the only licensed therapist who had been at the business has returned to China.

Michael Faniletti, the attorney for Top Massage owner Zhe Han, stated that his client voluntarily closed the business when he realized the situation, and has filed a new application for a health spa with a licensed therapist he’s planned to hire.

“All these things have been corrected,” Falinetti told commissioners. A permanent revocation, he added, “would be a harsh penalty. He [Zhe] missed some things and he can see that, but a 90-day voluntary suspension should be considered.”

Sam Hensley, attorney for the business license division, said that “technically, there is no license now.” The Board of License Review had recommended a 60-day suspension that Zhe appealed.

Faniletti said a state-approved licensee “is waiting in the wings” and that his client “would open only with that new licensee.”

Zhe told commissioners he signed a five-year lease on the space where the business is located, and said he has corrected mistakes.

But Commissioner JoAnn Birrell wasn’t sympathetic in making a motion to extend the suspension for a full year—the same duration as Asian Wellness Massage on Canton Road in July.

“These cases we don’t take lightly,” she said. “There’s no excuse not to know the law and our code.”

She said that “there are too many violations here” and wondered how the mistakes have been corrected “if you’ve been closed.”

Under the terms of the decision, Top Massage would be allowed to reapply for a business license in August 2025.

Cobb is currently observing a moratorium on issuing new health spa licenses, following requests from county officials to review those regulations. That moratorium continues through the end of the year.

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Cobb commissioners withdraw accessory dwelling unit proposal

November 14, 2024 7:29 PMNovember 12, 2024 5:43 PM by Wendy Parker

After hearing from vocal opposition, the Cobb Board of Commissioners on Tuesday voted unanimously to withdraw a proposed code amendment that would allow for small homes in residential backyards.

The 5-0 vote also included withdrawing other proposed changes that would expand the definition of a family for single-family residential zoning purposes and increase the number of cars allowed to park in a single-family property from four to five.

For nearly 90 minutes, most citizens speaking at a public hearing Tuesday urged commissioners not to allow accessory dwelling units (ADU), which they said would increase density, traffic and safety issues.

The code amendments would have allowed a second dwelling unit on a residential property, either attached to or detached from the primary residence, and that was hooked up to the main home’s utilities.

The ADUs could not be rented out under the county’s recently updated short-term rental code, and the pr0perty owner must reside in either of the dwellings, according to the proposal, which was drafted at the behest of Cobb Commission Chairwoman Lisa Cupid to address affordable housing issues.

But after the Cobb Planning Commission panned the proposal last week at the first public hearing on the issue, citizens from across the county showed up Tuesday in even greater numbers.

One of them is Dan Larkin, a real estate agent who lives in the Meadowbrook neighborhood off Powers Ferry Road.

Wearing a signboard that said “Vote No SHACKS in the BACK,” he said that the ADU proposal would be “ruining our quality of life in Cobb.

Larkin also said that “tiny houses may look cute but they’re not very livable.”

Others opposed to ADUs questioned the timing of the proposal, right after an election, while some said the proposed code changes were being rushed through and were not well thought-out.

Some brought signs that said “ADU = Adulterating Cobb.”

Richard Grome and Jill Flamm of the East Cobb Civic Association repeated concerns they expressed at the Planning Commission hearing that allowing ADUs could result in a “cascade effect” of “spot zoning.”

Many wanted commissioners to delay the ADU other zoning amendments to get more feedback from citizens at town halls and through other means.

One who spoke out in favor of ADUs, Matt Stigall of North Cobb, accused his fellow citizens of being motivated by fear.

“What’s being proposed here is super restrictive,” he said, adding that the county’s current zoning code has resulted in a “systemic segregation” of affordable housing supply.

He said opposition has been “fear-mongering about how to control the county. . . . Fear of change. Fear of other people.”

Cupid engaged in lengthy remarks to defend measures to address affordable housing, and the timing of the proposals now.

*“Those who are struggling with housing in our county issues don’t have time,” Cobb Chairwoman Lisa Cupid said.*

“I asked [county staff] for what would be the lowest-hanging fruit that could be considered?”she said. “We’re not building the supply [of affordable housing] and there is great demand.”

She acknowledged the need to “step back” and gather more information and public response, but said that citizens who are struggling to afford housing don’t have a lot of time.

While Cupid said she’s “amenable” to having further dialogue, “I’m not amenable to us not not addressing this issue constructively.”

Commissioner Keli Gambrill of North Cobb said commissioners currently and in the past have contributed to the issue by zoning primarily for bigger homes, hollowing out the middle-size home market.

The average home sale price in Cobb is approaching $500,000.

“Developers know they can get 4,500 square feet and sell,” she said. “They don’t care” about affordability. “We’re going to have to start pushing back against the developers.”

Commissioner JoAnn Birrell of East Cobb reiterated her opposition to ADUs, saying that the current code allows for in-law suites without having go through zoning.

She’s also skeptical that ADUs will address the cost of housing.

“How do you know if an ADU is going to be affordable?” she asked.

While the ADUs and other zoning proposals are on hold, a number of other code amendments will be subject to another public hearing and scheduled vote on Nov. 21.

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Cobb Planning Commission pans ADU housing plan in 5-0 vote

November 9, 2024 4:44 PMNovember 9, 2024 12:33 PM by Wendy Parker

The Cobb Planning Commission voted unanimously on Tuesday to recommend denial of a sweeping proposal to allow accessory dwelling units on residential property.

The proposal—which is set for an initial public hearing before county commissioners this coming Tuesday—would permit homeowners to build smaller homes (up to 850 square feet) in their backyards.

In a 5-0 vote, the planning board voted to recommend denying the creation of ADUs. But the board split 3-2 on a vote to recommend expanding the definition of a family for the purpose of occupying a single-family home to extended family, included nieces, nephews, guardians and others.

The code amendments were proposed by Cobb Commission Chairwoman Lisa Cupid as a “tool” to address housing affordability issues.

During a work session last month, however, Commissioner JoAnn Birrell of East Cobb called the proposal “a bad idea.” Commissioner Keli Gambrill of North Cobb cited a figure that 85 percent of eligible properties for ADUs would be in her and Birrell’s districts.

They’re the two Republicans on the county board, and their appointees to the planning commission were most vocal at Tuesday’s hearing.

A number of changes to the proposal were made and presented at a Monday work session, which member Fred Beloin, Gambrill’s appointee, called “sloppy” and “haphazard.”

During the hearing, representatives of the East Cobb Civic Association expressed opposition to the ADU proposal (you can read it here) and the changes in the definition of a family.

Jill Flamm said ADUs have “the potential to destabilize and destroy many existing single-family neighborhoods” and said homeowners associations would be able to do little to prevent them.

ECCA president Richard Grome said that in redefining a family unit as proposed, “we’re all related” and that “rooming houses” would essentially be allowed in single family areas.

Planning board member Christine Lindstrom, Birrell’s appointee and a former ECCA leader, remarked that under the proposed definition, “there could be 20 people in my house.”

Grome said of the code amendments that “not only do they not solve any problems, they have the potential to create more problems.”

Beloin said for the code amendments to be rushed now—typically they’re presented in January—”is extraordinary.

“We don’t live in Houston, Texas,” he said, where there is no zoning code and where covenants offer the only protections from spot zoning.

He said there are people from “Chapel Hill, North Carolina, and College Park, Georgia, who want to shove down our throats a completely different code and undermine the fabric of what we’ve had in Cobb County for a long time.”

At the Oct. 22 commission work session, Cupid said that “the way that people are living is changing, and housing affordability is changing. This is one tool and I don’t know how robust of a tool this is compared to other tools.

“You keep several tools available because at some point in time one of them may be helpful for us wanting to fix something. The thing we’re trying to fix is providing places for people to reasonably live in our county.”

Cobb commissioners will hold a public hearing on Tuesday at their regular meeting, the first of two scheduled before a vote on the code amendments is scheduled for Nov. 21.

You also can watch Tuesday’s meeting on the county’s website and YouTube channels and on Cobb TV 23 on Comcast Cable.

The full agenda can be found by clicking here.

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East Cobb Church holds long-awaited groundbreaking ceremony

October 29, 2024 6:40 PMOctober 29, 2024 3:39 PM by Wendy Parker

East Cobb Church holds long-awaited groundbreaking ceremony

The long-awaited groundbreaking ceremony for East Cobb Church took place Oct. 14, four years after Northpoint Ministries purchased more than 33 acres at the southwest corner of Johnson Ferry and Shallowford roads.

Local officials, church members and others in the community were on-hand for the event, which is the official start of the construction process for the 125,000-square-foot worship center (rendering below),

East Cobb Church got a land disturbance permit from the county last year, but had to wait to break ground due to flood plain issues and for the recent relocation of Waterfront Drive at Johnson Ferry.

The church will occupy 13 of those acres; Northpoint sold the remaining 20 acres after rezoning to Ashwood Atlanta, a residential developer.

East Cobb Church began worship services in 2020 at Eastside Church, but earlier this year began holding services at Blessed Trinity Church in Roswell while it awaits its new campus.

You can watch a video of the groundbreaking event by clicking here.

East Cobb Church holds long-awaited groundbreaking ceremony

East Cobb Church Revitalize JOSH

Lutheran Church of the Resurrection starts hurricane relief drive

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Birrell calls accessory dwelling units proposal ‘a bad idea’

October 23, 2024 5:51 PMOctober 22, 2024 5:29 PM by Wendy Parker

Cobb commissioners on Tuesday heard about proposed code changes regarding secondary housing units on residential properties.

At a work session, Cobb officials presented language that would create accessory dwelling units (or ADUs) that could be built in a residential backyard (you can read the proposal here).

The small units—of up to 850 square feet, with a limi of one unit per lot—are seen as a way to provide more affordable housing.

Chairwoman Lisa Cupid said that ADUs wouldn’t be a “panacea,” but what’s been proposed, she added, “are lower-bar considerations for addressing housing affordability in Cobb County.”

The proposed code changes also would alter the definition of a family, permitting up to three unrelated adults (the current limit is two) and up to six children.

The proposed Cobb ordinance would require an ADU to be permanently structured and hooked up to utilities serving the primary home. It could be detached, but it must be in a backyard area only.

The property owner also must live on the premises and the smaller unit could not be used as a short-term rental. An ADU must meet existing setback and impervious surface limits

In addition, a homeowner wishing to add an ADU would have to obtain a special-land use permit from the county, according to a revision that went out to commissioners on Monday.

Another measure would increase the maximum parking for five cars (currently limited to four) in a driveway or garage and another vehicle off-street.

But Republican commissioners JoAnn Birrell and Keli Gambrill questioned much of the language in the proposal as well as the the number of unrelated adults and vehicles on a single property.

They reflected concerns that the single-family nature of many areas of the county would be dramatically altered with ADUs.

The current code allows for such home renovations as in-law suites and converting basements into separate living units that must be permitted by the county.

The proposed code amendments are set for public hearings and possible approval in November, but Gambrill wants the county to hold off for “at least the next year” to allow homeowners associations the time to sort through how restrictive covenants may for such purposes be conflict with ADUs.

There also are issues over whether a property with an ADU would be able to claim a second homestead exemption from property taxes.

Birrell, whose District 3 in East Cobb is heavily single-family residential, called the proposal “a bad idea to do, period. We’ve been flooded with e-mails in opposition. I’m glad we’re having this discussion today but I think a lot of the perception may be wore than it is. I’m not supporting this. It doesn’t make sense.

“If somebody wants to add on to their home, they can do that now,” she said. “We get zonings all the time that are way too dense, have 10 variances, and they could still get approved.”

Gambrill, who represents District 1 in north and west Cobb, added that “a statistic was given to me that 85 percent of eligible properties for these ADUs” are in Districts 1 and 3.

Commissioner Jerica Richardson of East Cobb, who recently had a baby, was not present at the work session.

Commissioner Monique Sheffield of South Cobb said that “I appreciate that we’re having this conversation” and she also has heard from constituents concerned about the proposal.

“The belief is that we’re going to create rental units behind single-family residences,” she said. “This is not that. Hopefully the perception and the understanding will be different.”

Cupid said that “I understand the concerns but I don’t perceive the need to wait for a whole year to get some answers on some things.

“The way that people are living is changing, and housing affordability is changing,” she said. “This is one tool and I don’t know how robust of a tool this is compared to other tools.

The hearings for the proposed code amendments are scheduled for 9 a.m. Nov. 12 and 6 p.m. on Nov. 21, with tentative approval scheduled for the 7 p.m. voting meeting on Nov. 21.

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Cobb commissioners to hear accessory dwelling units proposal

October 21, 2024 3:05 PMOctober 21, 2024 12:40 PM by Wendy Parker

Cobb FY 2025 budget adopted

The Cobb Board of Commissioners will hold a work session Tuesday on proposed code amendments that are scheduled for November hearings.

The last one is a proposal to allow small homes of up to 850 square feet in residential back yards.

They’re called accessory dwelling units (ADUs), that we noted a couple weeks back when the county had to advertise the hearings.

The ADUs as proposed (draft amendment here) could house up to three unrelated adults and up to six children, as well as maximum parking for five cars in a driveway or garage and another vehicle off-street.

Unlike “tiny houses,” which are mobile, the ADUs under the proposed Cobb ordinance would be required to be permanently structured and hooked up to utilities serving the primary home.

The property owner also must live on the premises and the smaller unit could not be used as a short-term rental.

The ADU proposal is meant to address housing affordability issues, but few local jurisdictions allow them, and

The work session begins at 1:30 Tuesday in the second floor board room of the Cobb government building (100 Cherokee St., downtown Marietta).

There is no public comment period; the full agenda can be found by clicking here.

Other code amendments to be presented include proposed changes regarding film permits (economic development), alcoholic beverage licenses, the county plumbing code, land disturbance activities, door-to-door sales permits, subdivision plats and sewer and wastewater approvals.

The hearings are scheduled for 9 a.m. Nov. 12 and 6 p.m. on Nov. 21, with tentative approval scheduled for the 7 p.m. voting meeting on Nov. 21.

Commissioners typically hear code amendments in January and September, but the county hasn’t said why they’re coming up now.

You also can watch the work session on the county’s website and YouTube channels and on Cobb TV 23 on Comcast Cable.

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Cobb proposes ordinance allowing accessory dwelling units

October 11, 2024 4:07 PMOctober 11, 2024 1:14 PM by Wendy Parker

A series of proposed code amendments to be heard by the Cobb Board of Commissioners in November includes a measure that would permit small homes to be built in residential backyards. Cobb proposes ordinance allowing accessory dwelling units

What are called “accessory dwelling units,” or ADUs, would be allowed in most residential zoning categories. They could be as large as 850 square feet and house up to three unrelated adults and up to six children, as well as maximum parking for five cars in a driveway or garage and another vehicle off-street.

Unlike “tiny houses,” which are mobile, the ADUs under the proposed Cobb ordinance would be required to be permanently structured and hooked up to utilities serving the primary home.

The property owner also must live on the premises and the smaller unit could not be used as a short-term rental.

Only a few counties in Georgia allow ADUs, which have been touted as a way to address housing affordability issues.

Cobb’s average home sales price surpassed $500,000 for the first time in 2024.

Developers also promote ADUs as a way for homeowners to earn rental income (example recently in the city of Atlanta) or to provide housing for a family member, such as a senior, and for college students.

The proposed ADU code amendment (you can read it here) will first be heard by the Cobb Planning Commission on Nov. 5, followed by public hearings to be held by Cobb commissioners on Nov. 12 and Nov. 21.

The county distributed the proposed code amendments (summarized here, with links) but hasn’t publicized the upcoming hearings nor has it explained explained why the ordinance is being subject to revisions now.

Typically Cobb updates its ordinance twice a year, in January and September, but that pattern hasn’t happened recently.

East Cobb News has left a message with the county seeking comment and further information, and has contacted District 3 commissioner JoAnn Birrell as well.

Richard Grome, president of the East Cobb Civic Association, said his group is analyzing all the proposed code amendments, but “we are not at a point in our analysis, at this time, to make a definitive announcement or take a position on any of” them.

Cobb’s current ordinance permits no more than two unrelated adults living together, and one vehicle for every 390 square feet of living space.

There aren’t provisions for allowing ADUs, but the proposed code amendment stipulates the following:

a. ADU shall not exceed 50% of the gross square footage of the primary single-family dwelling unit or 850 square feet.

b. ADU shall be no more than one-story in height, not to exceed the height of the primary single-family dwelling unit.

c. A minimum of one off-street parking spot shall be provided for the ADU.

d. ADU shall be connected to the utilities meters of the primary structure.

e. ADU shall be located only in the rear yard, and shall adhere to the side and rear yard setback of the primary structure.

f. Maximum impervious surface coverage for the lot shall not exceed the zoning district limitation.

g. ADU must adhere to all other standards for accessory structures in the zoning district.

h. There shall be no more than one ADU per single-family lot.

i. ADU shall not be utilized as a short-term rental property.

j. The owner(s) of the property shall reside in either the primary single family-dwelling unit or the ADU.

k. Property owner(s) shall sign an affidavit stating that the ADU is not in conflict with any applicable covenants, conditions, deed restrictions, or bylaws.

ADUs have been mentioned as part of a Cobb Unified Development Code that was first proposed in 2021 but has been put on hold.

There were public meetings last December, and tentative plans for more feedback and adoption in 2024, but nothing further has been issued since an outside consultant released this code assessment in November 2023.

It didn’t specifically mention adding ADUs to the code, but it does call for reviewing and updating accessory uses and structures.

“The list of accessory uses will include some of the current accessory uses, with definitions and standards as appropriate. It will also include additional accessory uses or structures that may be appropriate, such as automated teller machines,” wrote the consultant, Clarion Associates LLC, a nationwide land-use and planning firm.

County officials said the UDC was a long overdue measure to streamline development standards and zoning categories.

But some Cobb residents declared the UDC to be a “war on the suburbs” that would increase density in traditional single-family neighborhoods.

County officials have contended that in response that “what you see in your neighborhood is going to pretty much be the same.”

Lion’s Gate continues special events after ‘misunderstanding’

September 17, 2024 4:42 PMSeptember 17, 2024 3:39 PM by Wendy Parker

Lion's Gate continues special events after 'misunderstanding'

A request for a land-use permit at the Lion’s Gate Estate luxury rental home on Paper Mill Road has been withdrawn by the property owner.

That’s because such a permit isn’t needed to hold special events there, according to Dennon Smith, the representative of his family’s nearly 18,000-square-foot French Mediterranean mansion across from the entrance to Atlanta Country Club.

He told East Cobb News that a recent weekend rental there led to a noise complaint by a neighbor, who suggested that Lion’s Gate obtain a land-use permit for special events.

As a rental property, Lion’s Gate allows up t0 20 people to stay overnight (and up to eight couples on the upper floor), with a maximum of 12 vehicles allowed at any given time.

Smith said the property has received all the proper permits since it was converted from his family’s home to a rental estate in 2018.

He said that after filing for the land-use permit—which was to have been considered by Cobb officials this month—county zoning staff said the property was properly permitted for that use.

“It was a kind of misunderstanding,” said Smith, who grew up in the home and graduated from Walton High School.

“We realized that this was kind of redundant.”

He said the incident in question took place “on a weekend where there were guests in the home” but that the specific use of the home was not considered a special event.

Smith said neighbors have been notified of the matter and that “it’s not a big deal.”

The land-use permit would have increased the permitted parking to up to 50 cars, as long as those renting the facility hired a valet service.

The Lions Gate home (website here) was built in 2003 and sits well behind the gates fronting Paper Mill Road. The residence has 15 rooms, as well as nine fireplaces and space for dinner parties, weddings and family gatherings and weekend retreats.

There’s also a movie theater with a 3-D projector, a disco room, two bars and a wine cellar.

In addition to serving as a venue for weekend and holiday retreats, Lion’s Gate holds weddings and other kinds of special events, including dinner parties and family gatherings, as well as such events as post-prom parties.

Smith said the property holds a couple of special events a month, and is the setting for occasional film production work.

There are noise monitors all throughout the gated 3.21-acre property which includes a 40,000-gallon swimming pool, but he said there haven’t been many complaints.

“We know the neighbors well,” said Smith, who added that the family also operates a similar rental property in the North Carolina mountains.

When Cobb revised its short-term rental ordinance in 2022, Smith said Lion’s Gate updated its permit to conform to the new requirements.

Smith said the business generated from the rentals has been a healthy one, and “it allows us to keep the house in the family.

“We didn’t want to quite let it go, and [making it a rental facility] was sort of a compromise.”

NE Cobb restaurant owner withdraws liquor store appeal

September 10, 2024 6:10 PMSeptember 10, 2024 10:58 AM by Wendy Parker

NE Cobb restaurant owner withdraws liquor store appeal

Following up last week’s story about the possible conversion of the Bay Breeze seafood restaurant on Canton Road into a liquor store:

The applicant has withdrawn his request to appeal two denials of a retail liquor permit.

During a Cobb Board of Commissioners meeting Tuesday, Parks Huff, an attorney for restaurant owner Steve Constantinou, said his client wished to withdraw with prejudice.

That means that the case cannot come back up again. Huff did not explain why his client is withdrawing.

Commissioners were scheduled to hear the appeal on Tuesday, which followed months of attempts to get a liquor permit and after substantial community opposition.

The he Cobb Business License Division Manager and agency’s review board both turned down the application by BSC Packing LLC to operate a liquor store at the Bay Breeze site at 2418 Canton Road.

The 10,000–square-foot building is 177 feet from a residential property line. The county code allows denial of an alcoholic beverage license if a location is within 300 feet.

East Cobb Whataburger plans, baseball fields approved

August 21, 2024 6:18 PMAugust 20, 2024 5:18 PM by Wendy Parker

East Cobb O'Charley's restaurant closes

After several months of delays, the Cobb Board of Commissioners on Tuesday approved site plan changes at a vacated restaurant in East Cobb for a Whataburger location.

The board voted 4-0 to approve changes that would allow Whataburger to convert the former O’Charley’s site on Sandy Plains Road at Shallowford Road into a 7,000-square-foot fast-food restaurant with drive-through service.

Stipulations approved for the O’Charley’s rezoning in 1999 included restrictions against those uses.

“Since that time, the world has become a different place,” said Kevin Moore, an attorney for Whataburger, explaining a built-up corridor with several commercial and retail complexes.

O’Charley’s closed last year on former Gordy Family land that is subject to an architectural control committee, which has been working on landscaping details that will have to come back to commissioners.

“Instead of a dark O’Charley’s, we have a brand new Whataburger.”

On the consent agenda, the board also approved a special-land-use permit for a baseball complex on 12 vacant acres on Jamerson Road, between Lake Drive and Lee Waters Road near Kell High School.

It’s located adjacent to the East Cobb Baseball complex and will have a 5,000-square-foot barndominium, a 14,400-square-foot batting cage facility, a 600-square-foot concessions building, and two baseball fields (agenda item here).

The hours will be from 7 a.m. to 10 p.m. daily for the baseball fields and concessions, from 8 a.m. to 8 p.m. daily for the batting cage facility, and from 9 a.m. to 5 p.m. daily for the barndominium. A total of 173 parking spaces would be built at the complex.

The land has been zoned residential and includes a small lake along Lake Drive. The applicant, Blake Bondurant, has been a coach at East Cobb Baseball, a youth travel baseball organization.

In a 3-1 vote, a two-acre low-density residential lot near Atlanta Country Club was rezoned to a medium-density zoning category to split the parcel into two for the construction of a home.

Murray Gray sought rezoning from R-80 to R-40 for another home adjacent to an existing residence on the east side of Atlanta Country Club Drive and the south side of Paper Mill Road (case filing here).

He’s the owner of the existing home at 101 Atlanta Country Club Drive; the second lot would front Paper Mill Road.

While Commissioner Jerica Richardson made a motion to approve the request, Commissioner JoAnn Birell was opposed due to a nearby resident in opposition.

Commissioners voted to continue another East Cobb application until September.

Naushad Ahmed is seeking reduction of of required public road frontage at the western end of Hembree Drive from 75 feet to 28 feet for a residential development.

Ahmed, who occupies a home there on 1.41 acres, wants to divide the parcel into two two lots to build another home zoned at R-30. The staff analysis states that the back lot has only 28 feet of frontage and needs the reduction in order to meet zoning requirements.

The continuance is needed due to insufficient public notice, and six people turned out in opposition Tuesday (case file here).

Scene in East Cobb: Waterfront Drive closed for relocation

August 5, 2024 7:25 PMAugust 5, 2024 10:03 AM by Wendy Parker

Waterfront Drive closed for construction

Last week we drove along Waterfront Drive—which bisects the so-called “JOSH” mixed-use development at the southwest corner of Johnson Ferry and Shallowford Road—as work crews continued grading work.

This view looks out at what was called Maddox Lake, but will soon be the new route for Waterfront Drive.

The homes that were located along this stretch, east of Waterfront Circle, were torn down months ago.

Signs were out on Monday noting the closure of Waterfront Drive at Johnson Ferry Road; a December completion timetable at the earliest is estimated.

The first map below from Cobb DOT shows the current intersection with a blue star; the new intersection is shown with the purple star to align with the entrance to the Shallowford Falls Shopping Center.

The second map, an aerial rendering of property via the Cobb Tax Assessor’s Office, shows the new Waterfront Route in turquoise; it heads eastbound just above the dredged-up lake area, which is in a designated flood plain

The lake was named after former Gov. Lester Maddox, who lived nearby after his retirement from politics. Above the former lake will be the East Cobb Church, sitting on 20 acres. Below the flood plain area will be single-family homes on 12.9 acres that were the major bone of contention from nearby residents in Mar-Lanta during rezoning.

For the time being, the primary ways they can reach their neighborhood is from Mar-Lanta Drive at Shallowford Road and from Manor House Drive via Lassiter Road.

East Cobb Church had been meeting for Sunday afternoon services at Eastside Church but is now meeting temporarily in Roswell. The church, part of North Point Ministries, got rezoning from the Cobb Board of Commissioners for the full 33 acres in October 2021.

It then then sold to the residential portion of the property to Ashwood Atlanta, which is planning to build single-family detached homes.

East Cobb Church got a land disturbance permit from the county in March 2023. But construction has been delayed substantially due to dam reconstruction on the former lake site to accommodate the road relocation.

The church will have 125,000 square feet of worship and other indoor space, plus a parking lot.

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East Cobb Zoning Update: Whataburger delayed; farmers market OK’d

July 17, 2024 5:41 PMJuly 16, 2024 6:15 PM by Wendy Parker

East Cobb O'Charley's restaurant closes

There’s been another delay in Whataburger’s plans to open a restaurant in East Cobb.

The Texas-based chain asked for another continuance from the Cobb Board of Commissioners Tuesday as they iron out plans to revise a site plan on what had been O’Charley’s restaurant at Sandy Plains and Shallowford roads.

Cobb Zoning Division manager John Pederson said at the start of Tuesday’s zoning hearing that the applicant wants a delay to the Aug. 20 hearing for work on architectural landscaping, and the board approved that request 4-0.

Chairwoman Lisa Cupid was absent.

It’s the third time the request has been delayed. Whataburger wants to replace the existing structure with a new 7,000-square-foot building with drive-through space and parking.

Stipulations restricted uses for fast food and drive-through service, and an initial review of the application concluded additional parking would be needed.

Later in the hearing commissioners voted to approve a special land-use plan for St. Andrew United Methodist Church to hold a farmer’s market every Saturday on its property on Canton Road at Blackwell Circle.

The vote was 4-0 for the Blackwell Farmer Market, which is open Saturdays from 9 a.m. to 12 p.m. through Sept. 28. It features local vendors selling produce, meats, breads, baked goods and other artisanal food items in a portion of the parking lot at the church

The permit is for 24 months, and comes after the Cobb Planning Commission recommended approval.

Planning Commission OK’s farmer’s market at NE Cobb church

July 2, 2024 6:58 PMJuly 2, 2024 2:57 PM by Wendy Parker

The Cobb Planning Commission on Tuesday recommended approval of a land-use permit for a church in Northeast Cobb to operate a weekly farmer’s market on its premises.

A consent item on the agenda said that zoning staff recommended approval of a temporary 24-month permit for St. Andrew United Methodist Church to run the market on Saturday mornings.

The Blackwell Farmers Market features local vendors selling produce, meats, breads, baked goods and other artisanal food items in a portion of the parking lot at the church (3455 Canton Road, at Blackwell Circle).

The hours would be from 8:30 a.m. to 1 p.m. on Saturday, and the agenda item stated expected business would be between 100 to 200 customers a week.

The market held a grand opening June 22 and is scheduled to continue through the end of September, with temporary 9-12 Saturday hours.

There are roughly 150 available parking spaces on the lot, and there would be no deliveries on the day of the market, according to the agenda item. Vendors bring their own food supplies.

St. Andrew said that between 3-6 volunteers oversee the market each week, and there is a dedicated manager on duty with specialized training.

According to an April 18 stipulation letter, Blackwells Farmers Market will not allow loudspeakers to be used when the market is open. Vendors also must comply with local food health regulations, and no open-flame cooking is allowed.

The church initially applied for the land-use permit in March.

“Committed to fostering a healthier, more connected neighborhood, our market thrives on providing fresh, locally-sourced foods while serving as a hub for the diverse families in our area,” the market said on its about page.

“With a dedication to offering wholesome options and supporting local growers, we aim to nourish both body and spirit.”

The Planning Commission’s recommendation goes to the Cobb Board of Commissioners, which will make a final decision on July 16.

East Cobb Whataburger site plan request continued again

June 18, 2024 6:19 PMJune 18, 2024 3:19 PM by Wendy Parker

East Cobb Whataburger site plan request continued again

The Cobb Board of Commissioners voted Tuesday to continue a requested site plan change by the Whataburger hamburger chain for a proposed restaurant in Northeast Cobb.

The vote was 5-0 to delay a hearing until July; the case was initially scheduled to be heard in May but was continued.

During a Tuesday zoning hearing, Cobb Zoning DivisionManager John Pederson said the applicant needs another month to work on the plans, which require changing stipulations in uses of the property where the O’Charley’s restaurant was located on Shallowford Road at Sandy Plains Road.

The stipulations include restrictions against a fast-food restaurant and anything with a drive-through service. Whataburger wants to convert the 7,000-square-foot building for a sit-in restaurant with double drive-through service.

The land was rezoned in 1999 and an Other Business approval in 2000 permitted the opening of the O’Charley’s, which closed last year. The 1.3 acres at 3550 Sandy Plains Road formerly belonged to the Gordy family.

Any changes on those former Gordy properties in the area include a review by a special architectural control committee.

That process still hasn’t taken place, and Commissioner JoAnn Birrell said Tuesday she wants that completed before the matter comes up for a hearing.

East Cobb zoning update: Whataburger request continued

May 21, 2024 4:14 PMMay 21, 2024 10:13 AM by Wendy Parker

East Cobb O'Charley's restaurant closes

At the start of Tuesday’s Cobb Board of Commissioners zoning hearing, a request on the agenda for a site plan for a proposed Whataburger restaurant in East Cobb was continued.

Commissioners voted 5-0 to hold off on hearing the plans until June. It’s an “Other Business” case, which means it doesn’t need to go before the Cobb Planning Commission since it’s not a full rezoning request.

The Texas-based fast food chain wants to occupy the former O’Charley’s restaurant on Sandy Plains Road at Shallowford Road, but stipulations include restrictions against a fast-food restaurant and anything with a drive-through service.

Whataburger wants to convert the 7,000-square-foot building for a sit-in restaurant with double drive-through service, and on Monday notified the Cobb zoning office it wanted a delay.

Any changes on those former Gordy properties in the area include a review by a special architectural control committee

In making a motion to continue the request, Commissioner JoAnn Birrell said the continuance would provide time for the site plan details to be considered by the ACC.

Self-storage case, Whataburger request on Cobb zoning agenda

May 17, 2024 5:07 PM by Wendy Parker

East Cobb rezonings held; Terrell Mill self-storage facility

After rejecting a rezoning request for a self-storage building at the intersection of Terrell Mill and Delk roads last year, the Cobb Board of Commissioners is scheduled to re-hear the case on Tuesday.

That’s because the applicant, ADP-Terrell Mill LLC, filed a lawsuit, and a reconsideration to settle the litigation is on the board’s zoning agenda.

It’s near the end of a lengthy agenda in the Other Business category.

According to the agenda item (you can read it here), the proposed 111,230-square-foot facility on 2.5 acres would feature exterior architecture to match nearby townhouse developments.

Despite the fact that some nearby residents—including former commissioner Bob Ott—supported the development, other citizens did not, and commissioners voted 4-1 to deny the request.

During their deliberations, commissioners said they didn’t think a self-storage building should go on the land, where two abandoned homes sit. The property is owned by Mary Beard and Nancy Moore, executors of the estate of Ruby Inez Fridell.

The lawsuit was filed by noted zoning attorney Kevin Moore for what he said in a March letter was an “unconstitutional deprivation of the constitutional rights of the Applicant.”

He said in the suit that “there is no existing use or demand for the Property under the existing classification, and the Property is substantially and unreasonably diminished in value due to the continuation of such zoning restrictions.”

Moore proposed a variety of stipulations as part of the proposed settlement, including an office-industrial zoning category (OI) from low-density residential and a limit of two stories for the building and extensive landscaping.

In 2022, ADP-Terrell Mill sought a community retail commercial (CRC) designation.

Commissioners also would have to approve a special land-use permit, which is required in Cobb for self-storage facilities.

The Powers Ferry Corridor Alliance said that “the project would still meet community priorities for anything developed on this property: low-traffic, residential-friendly, and architecturally attractive. Self-storage facilities generate very little traffic.”

Also at the end of Tuesday’s agenda is another Other Business request by Whataburger, a fast-food chain that wants to occupy the former O’Charley’s restaurant at Sandy Plains and Shallowford roads.

Whataburger is seeking a site plan change that restricts fast-food and drive-through operations on that property, which has been vacant since 2023.

The Cobb zoning staff is not making a recommendation, but noted in its analysis that the proposed site plan (you can read it here) doesn’t have sufficient parking availability.

The zoning hearing begins at 9 a.m. Tuesday in the second floor board room of the Cobb government building (100 Cherokee St., downtown Marietta), and the full agenda can be found by clicking here.

You also can watch on the county’s website and YouTube channels and on Cobb TV 23 on Comcast Cable.

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